N.Y. Comp. Codes R. & Regs. tit. 7 § 5.24

Current through Register Vol. 46, No. 19, May 8, 2024

Section 5.24 - Inmate medical records

(a) Inmate medical records shall be released in accordance with Public Health Law, sections 17 and 18; 45 CFR part 160, subparts A and B; and 45 CFR part 164, subpart E, the Standards for Privacy of Individually Identifiable Health Information, also known as the HIPAA privacy regulations, and State law.

(1) The department shall follow HIPAA privacy standards in regards to the use and disclosure of inmate medical records, except in circumstances where there is a more stringent State law. In such cases, the department will apply the more stringent law.

(2) The department incorporates by reference 45 CFR part 160, subparts A and B and 45 CFR part 164, subpart E (December 28, 2000, amended August 14, 2002 and February 20, 2003), the Standards for Privacy of Individually Identifiable Health Information, also known as the HIPAA privacy regulations. Such regulations are authored by the United States Department of Health and Human Services and published by the United States Government Printing Office, Washington, DC 20402. A copy is available for public inspection and copying at the Department of Correctional Services, Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-3050.

(b) For the purpose of providing legal services on behalf of the State, its agencies, officials, employees and persons described in Correction Law, section 24-a, such records may be released to the Office of the Attorney General, and to outside counsel certified pursuant to Public Officers Law, section 17.

(c) Where HIV-related information is contained in such records, confidential HIV-related information shall be released only pursuant to the provisions of Part 7 of this Title.

(d) Nothing in this section shall be construed as creating a private right of action for an individual who is the subject of these records or his/her personal representative.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 5.24